The manufacture, import, export, transport, sale (including online sale), distribution, storage, and advertisement of electronic cigarettes are banned in India.
Legal Basis
This ban is enshrined in the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. The ordinance was promulgated on September 18, 2019, and the Act was subsequently passed by Parliament.
What is Prohibited?
The law defines “electronic cigarette” broadly to include:
- All electronic nicotine delivery systems (ENDS): Devices that heat a solution to create an aerosol for inhalation.
- Heat-not-burn products: Devices that heat tobacco without combustion.
- E-hookahs and similar devices.
- Components: Parts intended for use in such devices.
- Cartridges containing nicotine or other substances for refill.
The prohibition is comprehensive, covering all forms of Electronic Nicotine Delivery Systems (ENDS) regardless of the specific technology or terminology used.
Penalties
Violations of the ban can result in severe penalties, including imprisonment and substantial fines for various offences under the Act. Enforcement actions target manufacturers, importers, distributors, and retailers.
